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2025 DAILYLAW 14076 (AP)

P JAHNAVI DEVI @ JAHNAVI DEVI v. THE STATE OF ANDHRA PRADESH

WP/9132/2025 · 2025-04-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010172962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9132/2025 Between: P. Jahnavi Devi @ Jahnavi Devi ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: 1. Ramesh Vodnala Counsel for the Respondents: 1. GP for Registration and Stamps The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9132 of 2025 This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of respondent Nos.4 to 6 in receiving the documents for registration pertaining to the scheduled properties covered under the interim orders granted in I.A.No.2 of 2018 in A.S.No.1732 of 2018, dated 24.01.2020, as illegal, arbitrary and unconstitutional. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The case of the petitioner is that the petitioner is one of the share holders to a large extent of land in Sy.Nos.498-2A, 498-2B, 498-2C, 498-2D, 498-2E, 491-2F, 498-3, 502-1, 503, 504, 503-1, 502, 557-A, 926-A, 427 situated in Madanapalle Village, Madanapalle Mandal, Tirupati District. 4. While so, it appears that there are civil suits and appeals pending between the petitioner and other legal heirs whereas the petitioner filed A.S.No.1732 of 2018 against the suit scheduled property wherein the petitioner also filed I.A.No.2 of 2018 and sought for a relief to direct the respondent No.5 not to entertain any registrations against the properties arising out of the suit scheduled property in A.S.No.1732 of 2018. This Court, after hearing the submission made by learned Government Pleader for Stamps and Registration, is not inclined to pass any order restraining the respondents to entertain any registration in respect of the suit scheduled property of A.S.No.1732 of 2018. 5. In the absence of any order arising out of the civil proceedings against the respondents, the petitioner cannot invoke the extraordinary jurisdiction under Article 226 of the Constitution of India seeking directions to the official respondents to not to entertain any registration, in view of the pending appeal before this Hon’ble Court. Such a relief cannot be granted under extraordinary jurisdiction of this Court, pending civil court proceedings. 6. Therefore, the Writ Petition is not maintainable and liable to be dismissed. However, both parties are at liberty to get the appeal disposed of, directing the petitioner to avail civil remedies before the Court of law seeking appropriate orders against the respondents. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 08.04.2025 kbs 151 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.9132 of 2025 Dt: 08.04.2025 kbs